Implementation issues

• Author: Maja Kostić-Mandić
• Pages: 88-91

88

8 IMPLEMENTATION ISSUES

8.1 Dissemination of information, dialogue with NGOs and between social

partners

a) Dissemination of information about legal protection against discrimination (Article 10,

Directive 2000/43 and Article 12, Directive 2000/78)

The Law on the Prohibition of Discrimination was established as an institutional framework

for protection from discrimination. However, in addition to judicial authorities, th e

institution of the Protector and other relevant institutions, the role o f civil society must be

emphasised regarding the dissemination of information about legal protection against

discrimination. The Federation of Employers disseminates a handbook and other

promotional materials on prevention of discrimination in the workplace through its network

of employers. The handbook includes the national anti-discrimination legal framework,

legally binding instruments, bylaws and guidelines for employers in order to prevent

discrimination and harassment in the workplace.

b) Measures to encourage dialogue with NGOs with a view to promoting the principle of

equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)

The Government cooperates with NGOs in the development of the policy framework on

equal opportunities, while joint commissi ons monitor their implementation. The

development of new anti-d iscrimination legislation has been accompanied by an ongoing

dialogue with NGOs. In addition, the Government provides some funding for NGO projects

promoting the principle of equal t reatment. Through its mandate, the Protector of Human

Rights and Freedoms also cooperates with organisations and institutions dealing with

human rights and freedoms (Article 21 of the Law on the Protector), including NGOs which

contribute to the fight against discrimination based on racial or ethnic origin and NGOs

combating discrimination based on religion or belief, disability, age or sexual orientation in

relation to employment and occupation. In 2019 , this cooperation included the provision

of support to t he Centre for the Development of Non-Governmental Organisations in its

application to a project at the European Union Delegation to Montenegro as part of the

European Instrument for Democracy and Human Rights (EIDHR) competition; and support

for an application by the Centre for Civic Education, als o for an EU-funded project in the

field of anti-discrimination and promotion; and providing two volunteer internships for

persons with disability with the institution of the Protector.

Despite the aforementioned cooperation with NGOs, on 25 February 2016 the Government

of Montenegro adopted a Decision on the suspension of the Decision on establishing a

Council on the Prohibition of Discrimination. The Government explained that the conditions

for the suspension of this b ody had been fulfilled because the legal f ramework providin g

for the smooth impl ementation of policies and activities in t he field of hu man rights and

protection against discrimination had been established.

c) Measures to promote dialogue between social partners to give effect to the principle

of equal treatment within workplace practices, codes of practice, wo rkforce

monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78 )

In Montenegro, trade unions promote social dialogue around the principle of equal

treatment within wo rkplace practices. The Confederation of Trade Unions of M ontenegro,

the umbr ella organisati on under Montenegrin law, comprises 1 200 trade unions spread

throughout the country and over 40 000 members (data from 2006).151 Another umbrella

organisation, the Federation of Free Trade Uni ons of Montenegro, with close to 24 000

members, was established in 2008. The political and societal weight of trade unions is

151 Simovic, V. (2009), Annual overview of employees’ rights and social dialogue in Central and Eastern Europe

and the Western Balkans, Report for Montenegro, Friedrich Ebert Stiftung, courtesy of the author.